State Department of Education - Sexual Abuse and Sexual Misconduct Model Response Policy - Requirements

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*sb0685*

SENATE BILL 685
F1, O4 (6lr1651)
ENROLLED BILL
— Education, Energy, and the Environment/Ways and Means —
Introduced by Senator Gile

Read and Examined by Proofreaders:

_______________________________________________
Proofreader.
_______________________________________________
Proofreader.

Sealed with the Great Seal and presented to the Governor, for his approval this

_______ day of _______________ at __ ______________________ o’clock, ________M.

______________________________________________
President.

CHAPTER ______

AN ACT concerning 1

Local School Systems State Department of Education – Sexual Abuse and 2
Sexual Misconduct – Misconduct Model Response Policy and After–Action 3
Review – Requirements 4

FOR the purpose of requiring the State Department of Education to develop a model sexual 5
abuse and sexual misconduct response policy that includes, at minimum, certain 6
components; requiring each local school system to adopt a certain response policy , 7
provide certain notices in a certain manner, and conduct a certain after –action 8
review under certain circumstances and post a certain link on its website ; and 9
generally relating to sexual abuse and sexual misconduct response policies. 10

BY adding to 11
Article – Education 12
Section 4–148 13
Annotated Code of Maryland 14
2 SENATE BILL 685

(2025 Replacement Volume and 2025 Supplement) 1

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 2
That the Laws of Maryland read as follows: 3

Article – Education 4

4–148. 5

(A) (1) IN THIS SECTION , THE FOLLOWING TERMS HAVE THE MEANINGS 6
INDICATED. 7

(2) “CREDIBLE ALLEGATION ” MEANS A SPECIFIC AND PLAUSIBLE 8
REPORT OF SEXUAL MIS CONDUCT OR SEXUAL AB USE, MADE BY A PERSON WIT H 9
APPARENT KNOWLEDGE, BY A SCHOOL EMPLOYEE OR CONTRACTOR OR VOLUNTEER 10
THAT IS SUFFICIENT TO WARRANT TEMPORARY PROTECTIVE ACTION BY THE LOCAL 11
SCHOOL SYSTEM. 12

(3) “RESPONSE RESPONSE POLICY” MEANS A SEXUAL ABUSE AND 13
MISCONDUCT RESPONSE POLICY. 14

(4) “SERIOUS INCIDENT ” MEANS AN EVENT THAT POSES A 15
SUBSTANTIAL THREAT T O A STUDENT OR STAFF MEMBER’S SAFETY OR SCHOOL 16
ENVIRONMENT AND REQU IRES IMMEDIATE ADMIN ISTRATIVE OR 17
LAW–ENFORCEMENT RESPONSE, INCLUDING: 18

(I) CREDIBLE ALLEGATIONS OF SEXUAL MISCONDUCT OR 19
SEXUAL ABUSE TH AT RESULT IN REMOVAL FROM STUDENT CONTACT FOR MORE 20
THAN 10 DAYS; 21

(II) PHYSICAL ASSAULT; 22

(III) OFFENSES INVOLVING A WEAPON; 23

(IV) THREATS OF VIOLENCE; 24

(V) CHILD ABUSE OR NEGLECT; 25

(VI) EVENTS THAT REQUIRE EMERGENCY RESPONSE; AND 26

(VII) ANY OTHER INCIDENT DESIGNATED BY THE LOCAL SCHOOL 27
SYSTEM AS REQUIRING A FORMAL AFTER–ACTION REVIEW. 28

SENATE BILL 685 3

(B) (1) THE DEPARTMENT SHALL DEVELOP A MODEL SEXUAL ABUSE AND 1
MISCONDUCT RESPONSE POLICY FOR USE BY LOCAL SCHOOL SYSTEMS TO RESPOND 2
TO CREDIBLE SCHOOL–RELATED ALLEGATIONS OF SEXUA L ABUSE AND SEXUAL 3
MISCONDUCT. 4

(2) THE MODEL RESPONSE PO LICY DEVELOPED UNDER PARAGRAPH 5
(1) OF THIS SUBSECTION S HALL, AT MINIMUM , INCLUDE THE FOLLOWING 6
COMPONENTS: 7

(I) A COMMUNICATIONS PLAN; 8

(II) AN E –MAIL AND OTHER ELECTRONIC COMMUNICATION 9
DOCUMENTS RETENTION POLICY; 10

(III) A REQUIREMENT TO LINK TO A CENTRALIZED RES OURCE 11
PLATFORM; AND 12

(IV) AN AFTER–ACTION REVIEW PLAN. 13

(3) THE MODEL RESPONSE POLICY MAY NOT IMPEDE OR COMPROMISE 14
THE ABILITY OF A SCHOOL, A SCHOOL SYSTEM, A LAW ENFORCEMENT AGENCY, OR A 15
PROSECUTOR TO CONDUC T A THOROUGH AND UNB IASED INVESTIGATION INTO AN 16
ALLEGATION OF SEXUAL ABUSE OR SEXUAL MISCONDUCT. 17

(I) A REQUIREMENT THAT A P ARENT OR GUARDIAN RE CEIVE 18
PROMPT NOTIFICATION THAT THE STUDENT HAS MADE A CREDIBLE ALLEGATION OF 19
A SERIOUS INCIDENT; 20

(II) A COMMUNICATIONS PLAN THAT PROVIDES LOCAL SCHOOL 21
SYSTEMS WITH THE INF ORMATION AUTHORIZED TO BE SHARED WITH TH E PUBLIC 22
AT EACH STAGE OF THE RESPONSE PROCESS; 23

(III) A REQUIREMENT THAT , SUBJECT TO SUBSECTION (E) OF 24
THIS SECTION , NOTIFICATION OF AN A LLEGATION OF CHILD A BUSE BY AN 25
EMPLOYEE OF THE LOCAL SCHOOL SYSTEM BE PROVIDED TO THE CHILD’S PARENT 26
OR GUARDIAN AS SOON AS POSSIBLE AND NOT LATER THAN WITHIN 3 SCHOOL DAYS; 27
AND 28

(IV) RECORD RETENTI ON REQUIREMENTS AND GUIDELINES 29
DEVELOPED IN COLLABORATION WITH THE STATE ARCHIVES, INCLUDING: 30

1. A REQUIREMENT THAT ALL E–MAIL AND ELECTRONIC 31
RECORDS REGARDING A CREDIBLE ALLEGATION OF SEXUAL ABUSE OR S EXUAL 32
4 SENATE BILL 685

MISCONDUCT BY AN EMP LOYEE OF THE LOCAL S CHOOL SYSTEM BE RETAINE D BY 1
THE LOCAL SCHOOL SYSTEM FOR A MINIMUM OF 3 YEARS; 2

2. PROCEDURES FOR THE MA INTENANCE, SECURITY, 3
AND TRANSFER OF RECORDS; AND 4

3. GUIDELINES REGARDING RETAINING RECORDS FO R 5
CRIMINAL, CIVIL, OR ADMINISTRATIVE INVESTIGATIONS. 6

(C) (1) THE COMPONENTS OF THE MODEL RESPONSE POLIC Y 7
DEVELOPED UNDER SUBS ECTION (B) OF THIS SECTION SHAL L INCLUDE THE 8
INFORMATION REQUIRED UNDER THIS SUBSECTIO N AND BE DEVELOPED IN 9
COLLABORATION WITH THE ENTITIES DESCRIBED IN THIS SUBSECTION STATE AND 10
LOCAL GOVERNMENTAL E NTITIES, COMMUNITY STAKEHOLDERS, AND ANY OTHER 11
RELEVANT ENTITIES DETERMINED BY THE DEPARTMENT. 12

(2) THE COMMUNICATIONS PLAN SHALL: 13

(I) INCLUDE INCLUDE BEST PRACTICES FOR P ROVIDING 14
TIMELY, RELEVANT, AND APPROPRIATE INFO RMATION THROUGH NOTI FICATION 15
AND RESPONSES TO PAR ENTS OF AFFECTED STU DENTS AND COMMUNITY 16
STAKEHOLDERS AND LOCAL SCHOOL SYSTEM CONTACT INFORMATION; AND 17

(II) BE DEVELOPED IN COLLA BORATION WITH LOCAL SCHOOL 18
SYSTEMS, THE DEPARTMENT OF HUMAN SERVICES, THE PUBLIC SCHOOL 19
SUPERINTENDENTS’ ASSOCIATION OF MARYLAND, THE MARYLAND ASSOCIATION 20
OF BOARDS OF EDUCATION, EMPLOYEE ORGANIZATIO NS, LAW ENFORCEMENT 21
AGENCIES, AND ANY OTHER RELEVANT ENTITY DETERMINED BY THE DEPARTMENT. 22

(3) THE E –MAIL AND ELECTRONIC OTHER ELECTRONIC 23
COMMUNICATION DOCUMENTS RETENTION POLICY SHALL INCLUDE REQUIREMENTS 24
FOR THE RETENTION AN D MAINTENANCE OF A L OCAL SCHOOL SYSTEM ’S E–MAILS 25
AND ELECTRONIC OTHER ELECTRONIC COMMUNICATION DOCUMENTS FOR A 26
MINIMUM OF 1 YEAR. 27

(4) (I) THE DEPARTMENT AND THE MARYLAND CENTER FOR 28
SCHOOL SAFETY JOINTLY SHALL DEVELOP AND MAINTAIN A A CENTRALIZED, 29
STATEWIDE RESOURCE P LATFORM THAT INCLUDES, DEVELOPED IN ACCORDA NCE 30
WITH THE MODEL RESPONSE POLICY, SHALL INCLUDE INFORMATION AND PROVIDES 31
PROVIDE LINKS TO RESOURCES R EGARDING CHILD SEXUA L ABUSE AND SEXUAL 32
MISCONDUCT IN A SCHOOL ENVIRONMENT, INCLUDING: 33

1. IDENTIFYING SIGNS AND WARNING INDICATORS O F 34
CHILD SEXUAL ABUSE AND SEXUAL MISCONDUCT; 35
SENATE BILL 685 5

2. PROCEDURES FOR REPORTING INCIDENTS OF CHILD 1
SEXUAL ABUSE OR SEXUAL MISCONDUCT; 2

3. TRAUMA–INFORMED GUIDANCE FO R HOW PARENTS 3
CAN HAVE CONVERSATIONS WITH THEIR CHILD; AND 4

4. LINKS TO RAPE CRISIS CENTERS CERTIFIED UNDER § 5
11–923 OF THE CRIMINAL PROCEDURE ARTICLE AND CHILD ADV OCACY CENTERS 6
ESTABLISHED UNDER § 13–2201 OF THE HEALTH – GENERAL ARTICLE. 7

(II) THE DEPARTMENT AND THE MARYLAND CENTER FOR 8
SCHOOL SAFETY SHALL COLLABOR ATE WITH THE DEPARTMENT OF HUMAN 9
SERVICES, THE MARYLAND DEPARTMENT OF HEALTH, AND THE ENTITY 10
RESPONSIBLE FOR CERT IFYING SEXUAL ASSAUL T PROGRAMS UNDER § 11–923 OF 11
THE CRIMINAL PROCEDURE ARTICLE IN THE DEVELO PMENT OF THE RESOURC E 12
PLATFORM UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. 13

(5) (I) THE DEPARTMENT AND T HE MARYLAND CENTER FOR 14
SCHOOL SAFETY JOINTLY SHALL DEVELOP THE AN AFTER–ACTION REVIEW PLAN 15
REQUIRING, DEVELOPED IN ACCORDA NCE WITH THE MODEL R ESPONSE POLICY , 16
SHALL REQUIRE A LOCAL SCHOOL SYSTE M TO CONDUCT A STRUC TURED, 17
COLLABORATIVE DEBRIE FING PROCESS TO IDEN TIFY, ASSESS, EVALUATE, AND 18
RESOLVE ISSUES IN THE ACTION S ANY ISSUE WITH ANY A CTION TAKEN BY ALL 19
ENTITIES AN ENTITY INVOLVED IN A SCHOOL–RELATED CASE OF SEXUAL ABUSE AND 20
SEXUAL MISCONDUCT TO IMPROVE FUTURE PERFORMANCE. 21

(II) THE AFTER–ACTION REVIEW PLAN SHALL INCLUDE: 22

1. IDENTIFICATION OF THE ENTITIES INVOLVED IN AN 23
INVESTIGATION THAT M UST BE INCLUDED IN T HE AFTER –ACTION REVIEW 24
CONDUCTED BY THE LOCAL SCHOOL SYSTEM; 25

2. THE STANDARDS AND PRO CEDURES FOR 26
DETERMINING WHICH INCIDENTS REQUIRE AN AFTER–ACTION REVIEW; 27

3. A REQUIREMENT THAT THE AFTER–ACTION REVIEW 28
BE CONDUCTED WITHIN A REASONABLE TIME AFTER THE CONCLUSION OF THE CASE 29
TO ENSURE TIMELY RESOLUTION OF IDENTIFIED ISSUES; AND 30

4. METHODS FOR ENSURING LOCAL SCHOOL SYSTEM 31
ACCOUNTABILITY AFTER AN AFTER –ACTION REVIEW HAS BE EN CONDUCTED AND 32
ISSUES REQUIRING RESOLUTION HAVE BEEN IDENTIFIED. 33

6 SENATE BILL 685

(C) (D) (1) ON OR BEFORE JULY SEPTEMBER 1, 2027, EACH LOCAL 1
SCHOOL SYSTEM SHALL ADOPT A RESPONSE POLICY BASED ON THE MODEL POLICY 2
DEVELOPED BY THE DEPARTMENT UNDER SUBSECTION (B) OF THIS SECTION. 3

(2) EACH LOCAL SCHOOL SYS TEM SHALL POST IN A CONSPICUOUS 4
PLACE ON ITS WEBSITE A LINK TO THE CENT RALIZED RESOURCE PLA TFORM 5
DEVELOPED UNDER SUBSECTION (C) OF THIS SECTION. 6

(3) EACH LOCAL SCHOOL SYS TEM’S RESPONSE POLICY MA Y NOT 7
IMPEDE OR COMPROMISE THE ABILITY OF A SCHOOL, THE LOCAL SCHOOL SYSTEM, A 8
LAW ENFORCEMENT AGEN CY, OR A PROSECUTOR TO C ONDUCT A THOROUGH AND 9
UNBIASED INVESTIGATI ON INTO AN ALLEGATIO N OF SEXUAL ABUSE OR SEXUAL 10
MISCONDUCT. 11

(D) EACH LOCAL SCHOOL SYS TEM SHALL ESTABLISH A TIME –STAMPED 12
WEBPAGE ON ITS WEBSITE REGARDING A SERIOUS INCIDENT THAT: 13

(1) CONFIRMS THE NATURE OF THE INCIDENT; 14

(2) PROVIDES NONIDENTIFYING INFORMATION ABOUT THE STATUS 15
OF THE ONGOING INVESTIGATION; 16

(3) PROVIDES LINKS TO REL EVANT RESOURCES FOR PARENTS AND 17
GUARDIANS FOR COUNSELING AND SUPPORT RESOURCES; 18

(4) PROVIDES AN UPDATE WH EN THERE IS A MATERI AL CH ANGE, 19
INCLUDING THE CONCLU SION OF THE INVESTIG ATION OR AN ONGOING CRIMINAL 20
CASE; AND 21

(5) CONTAINS SUPPORTING A ND NONINVESTIGATIVE INFORMATION 22
ONLY. 23

(E) A LAW ENFORCEMENT AGENCY OR A CHILD PROTECTIVE SERVICES UNIT 24
MAY REQUEST THAT CERTAIN DETAILS OF A SERIOUS INCIDENT BE WITHHELD FROM 25
THE PUBLIC OR THAT PUBLIC COMMUNICATION BE DELAYED. 26

(F) (1) A LOCAL SCHOOL SYSTEM SHALL NOTIFY PARENTS AND 27
GUARDIANS THAT THE L OCAL SCHOOL SYSTEM H AS RECEIVED A CREDIB LE 28
ALLEGATION AS SOON A S FEASIBLE AFTER THE LOCAL SCHOOL SYSTEM IS MADE 29
AWARE OF THE CREDIBLE ALLEGATION. 30

(2) THE NOTICE REQUIRED U NDER PARAGRAPH (1) OF THIS 31
SUBSECTION SHALL: 32
SENATE BILL 685 7

(I) CONFIRM THAT A CREDIBLE ALLEGATION WAS RECEIVED; 1

(II) INDICATE WHETHER THE EMPLOYEE WAS REMOVED FROM 2
STUDENT CONTACT; 3

(III) DESCRIBE THE SAFETY PRECAUTIONS BEING TAKEN BY THE 4
LOCAL SCHOOL SYSTEM; AND 5

(IV) LIST REFERRALS TO AVA ILABLE COUNSELING AN D 6
SUPPORT RESOURCES, IF ANY. 7

(3) A LOCAL SCHOOL SYSTEM MAY NOT DISCLOSE THE NAME OF THE 8
EMPLOYEE UNDER INVES TIGATION IN THE NOTICE SENT TO PARENTS AND 9
GUARDIANS UNDER THIS SUBSECTION. 10

(G) (1) ON THE CONCLUSION OF A CHILD SEXUAL ABUSE OR SEXUAL 11
MISCONDUCT CASE OR A SERIOUS INCIDENT , A LOCAL SCHOOL SYSTE M SHALL 12
CONDUCT AN AFTER–ACTION REVIEW WITHIN 45 DAYS OF THE CONCLUSION OF THE 13
INCIDENT TO: 14

(I) ANALYZE HOW THE INCIDENT OCCURRED; 15

(II) IDENTIFY SYSTEMIC AND ENVIRONMENTAL CONDIT IONS 16
THAT CONTRIBUTED TO THE INCIDENT; 17

(III) IDENTIFY GAPS IN PROC EDURES, COMMUNICATION, 18
SUPERVISION, OR CULTURE; 19

(IV) EVALUATE THE TIMELINESS OF PARENT AND GUARDIAN 20
NOTIFICATION; 21

(V) EXAMINE COORDINATION WITH LAW ENFORCEMENT AND 22
CHILD PROTECTIVE SERVICES; 23

(VI) EVALUATE COMPLIANCE W ITH TRANSPARENCY 24
REQUIREMENTS; AND 25

(VII) IDENTIFY AREAS FOR PROCESS IMPROVEMENTS. 26

(2) A WRITTEN REDACTED REP ORT OF THE FINDINGS OF THE 27
AFTER–ACTION REVIEW CONDUCTED UNDER PARAGRAPH (1) OF THIS SUBSECTION 28
MAY BE PROVIDED TO THE STATE BOARD AND THE STATE SUPERINTENDENT. 29
8 SENATE BILL 685

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 1
1, 2026. 2

Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.